2. Access, License and Privacy.
2.1 Access and License. Provided you are not under the age of thirteen (13), we hereby grant you a personal, non-exclusive, non-transferable, revocable license to access our Websites and use the Services only for your own personal and noncommercial purposes (the "License").
a. General Use License. All material found on the Websites and Services (including visuals, text, icons, displays, databases, recordings (sound, video or otherwise), media, and general information) is owned or licensed by us. You may view, download, and print material from the Websites and Services only for your personal, noncommercial use unless otherwise stated.
b. Exceptions to the General Use License. Any material that is provided subject to different rights than those set forth in Section 2.1(a) will be governed solely by such separately stated use rights. Examples of materials that are provided subject to different use rights include material from the Printing and Reposting use rights published on that site. Other examples include any (i) downloadable material obtained from the Websites or Services, where such material requires acceptance of a separate license agreement that governs the use of the material (e.g. downloading of software code published by us and distributed pursuant to an open source license) or (ii) downloading of materials from the Websites or Services that include alternative use rights for the material at the location of the download (e.g. social media kit that has on website offering the kit an authorization to use only as a profile picture on Facebook or Twitter).
c. Media Rights. Materials may be reproduced by media personnel for use in traditional public news forums unless otherwise stated.
d. Restrictions on Use. You may not post material from the Websites or Services on another website, service or on a computer network without our permission. You may not transmit or distribute material from the Websites or Services to other sites or services. You may not use the Websites or Services, or information found at the Websites or Services (including the names and addresses of those who have submitted information), to sell or promote products or services or to solicit clients or for any other commercial purpose.
3. Registration Policy and Account Security
To access the Websites or Services, or some of the resources they offer, you may be asked to open a Quest Account and provide certain registration details or other information. Please be sure to (i) provide correct, current and complete information about yourself as prompted by any registration form for the Websites or Services (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it correct, current and complete. Quest will use the email address provided in your Registration Data to provide notices, statements, and other communications to you, so please be sure to keep it current.
If you create, or are provided with, a username, password or any other information as part of our security procedures, please treat such information as confidential and do not disclose such information to any other person or entity. Your Quest Account is personal to you and should not be used to provide any other person access to this Websites or the Services. To protect your security, as well as our Websites and Services, you must notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
4. Links to Third Party Sites
5. Intellectual Property Rights; Content; Copyright Infringement Notification Process
5.2 Your Content. The Websites and Services may allow or require you to post data, text, pictures, videos, recordings or other materials and information that will be accessible by visitors to the Websites or users of the Services ("Public Content"), or that will only be accessible by you or those designated by you ("Private Content") (Public Content and Private Content, collectively referred to as "Your Content"). As between you and Quest, you remain the sole owner of and solely responsible for Your Content. Quest does not claim ownership of any of Your Content, but by submitting Your Content, you hereby grant Quest a nonexclusive, worldwide, royalty-free, fully paid up, irrevocable, perpetual right and license to link to, reproduce, distribute, adapt, promote, display, and sublicense Your Content, including without limitation using Your Content in marketing materials for Quest. (e.g., photos from your Public Group Profile). While we retain these right, we will do our best to contact you if Your Content will be used for marketing purposes. Quest does not endorse, guarantee, or assume any responsibility, obligation or liability relating to Your Content, including without limitation liability for third-party claims against users of the Websites or Services for defamation, libel, slander, infringement, invasion of privacy, violation of publicity rights, obscenity, pornography, profanity, fraud or misrepresentation. Unless required otherwise by law or unable to determine the source of Your Content, Quest will attempt to contact you before removing any of Your Content. However, Quest reserves the right to remove any of Your Content at any time, with no obligation to notify you of the removal, where Quest believes in good faith that such removal is appropriate. Publication of any of Your Content is at the sole discretion of Quest.
5.3 Prohibited Content. We want to maintain Websites and Services that are a positive, healthy experience for all. Therefore, while using the Websites or Services, you agree that you will not upload, post, email, transmit or otherwise make available any Public Content or Private Content that: (i) is unlawful, harmful, threatening, abusive, harassing, tortious, infringing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or is racially, ethnically or otherwise objectionable; (ii) creates a risk of harm, loss, or damage to any person or property or a risk of physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal; (iii) seeks to harm or exploit minors in any way, including, but not limited to, by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) violates, or encourages any conduct that violates laws or regulations or contains any information or content that is illegal; or (v) infringes any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights or contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
5.5 Transmission of Your Content. The term "Your Content" also includes registration information, business and financial information, electronic transmissions and all other data of any kind contained within emails or otherwise submitted by you or entered electronically in the course of your use of the Websites or Services. You understand that the technical processing and transmission of Your Content (including the possible transmission of Your Content outside its country of origin) may be necessary to your use of the materials, services and content offered on or through the Websites or Services and consent to Quest's interception and storage of Your Content. You understand that you or Quest may be transmitting Your Content over the Internet, and over various networks, only part of which may be owned and operated by Quest. You agree that Quest is not responsible for any portions of Your Content that are lost, altered, intercepted or stored without authorization during the transmission of Your Content across networks not owned and operated by Quest.
5.6 Copyright Infringement Notification Process. Quest abides by the Federal Digital Millennium Copyright Act (the "DMCA"). If you believe that any content included on the Websites or Services is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify Quest of any such copyright or other Intellectual Property Rights infringement. Similarly, if you believe that Your Content has been inappropriately removed, you may send a counter-notification. In either case, your written notice should be sent to our designated agent as follows:
Quest Church, Inc
5. 6.1 Copyright Infringement Notification. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrightd works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs is the best way to help us locate content quickly.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
5. 6.2 Counter-Notification. If Your Content has been taken down, you may elect to send us a counter notice. To be effective your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
6. Disclaimer of Warranties/Limitation of Liability
While we try to provide the websites and services at a standard that we would expect to receive from others providing similar websites or services, no one and no thing is perfect. THEREFORE, THE WEBSITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, QUEST AND ITS SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE "QUEST'S PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE QUEST PARTIES DO NOT WARRANT THAT THE WEBSITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR SERVERS THAT MAKE THE WEBSITES AND SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DESCRIPTIONS OR DEPICTIONS, OR OTHER CONTENT OFFERED AS PART OF THE WEBSITES OR SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES AND SERVICES ARE AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE WEBSITES OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE WEBSITES OR SERVICES. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITES OR SERVICES OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE QUEST PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.
YOU UNDERSTAND AND AGREE THAT THE QUEST PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AN AVIXENA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE WEBSITES OR SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITES OR SERVICES.
8. Injunctive Relief
9. Arbitration Agreement and Waiver of Class Action
a) Any claim that qualifies as a small claim in a court of limited subject matter jurisdiction must be brought in such court; and
b) Any claim for injunctive relief may be brought in a court of competent jurisdiction to enjoin intellectual property infringement or misuse.
10. No Waiver; Severability
This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.